Authorities track 2008 San Jose cold-case sexual assault suspect to Indiana
Authorities in the South Bay on Tuesday announced the arrest of a suspect living in Indiana in connection with a brutal San Jose home invasion sexual assault that happened 15 years ago.
According to a press release issued by the Santa Clara County District Attorney's Office, diligent investigation led to charges against a man living in a small Indiana city for the 2008 rape and assault of an elderly woman in San Jose.
On January 6, 2008, a suspect entered the 61-year-old victim's first-floor apartment on Saint Elizabeth Drive. Wearing a ski mask, the assailant punched the victim in the face, breaking her nose. He proceeded to choke the victim before sexually assaulting her multiple times. At the time, police were unable to identify a suspect.
While the victim died of natural causes three years later, earlier in 2024 the DA's Office was notified that DNA found at the scene of the senior living apartment was matched to James Aaron Whisenand, a 43-year-old sex crime registrant living more than 2,000 miles away.
Santa Clara County Court records show that at the time of the rape in 2008, Whisenand lived with his then wife on Meridian Avenue, just two blocks from the senior living facility where the victim lived. The DA's Cold Case Unit, San Jose Police Department, and Crescent City Police Department worked together to confirm Whisenand's DNA in August.
On Monday, Whisenand was taken into custody with the assistance of Indiana State Police, the U.S. Marshals, the Clay County Sheriff, and officers from the Police Department in Brazil, Indiana. Authorities asked Whisenand to visit the local police department to fill out forms related to his sex registration, where he was met by San Jose Police Department Special Victims Unit Sgt. Sean Pierce and Det. John Moutzouridis, the original detectives who investigated the case in 2008.
The Clay County Prosecutor's Office is handling Whisenand's extradition proceedings in Indiana. He is currently being held without bail pending his return to Santa Clara County. If convicted of all charges, he could be sentenced to life in prison.
"As our forensic technology grows, the reach of justice becomes longer," District Attorney Jeff Rosen said. "We don't forget or forgive those who hurt people in our community."
Anyone with any additional information about Whisenand is asked to call (408) 792-2466 or email coldcasetips@dao.sccgov.org.
Since t he Cold Case Unit was established in 2011, the DA's Office has solved over 30 cold case murders dating back as far as 1969. The Cold Case Unit added sexual assault investigations to its inventory in 2021 after receiving a federal grant. The DA's Office has filed charges in over five cold case sexual assaults dating back to 1994.
